3. 16-01-2025 (ct. no.29) debajyoti (allowed) CRM (DB) 3663 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Narkeldanga Police Station Case No.126 of 2022 dated 07-04-2022 under Sections 302/201/34 of the Indian Penal Code. - A n d - In the matter of : Dipak Ray @ Deepak Ray .... Petitioner. Mr. Arnab Chatterjee, Ms. Dhanasree Biswas, Ms. Poulami Bose … For the Petitioner. Ms. Anasuya Sinha, learned APP, Mr. Anindya Sundar Chatterjee … For the State. Dictated by Arijit Banerjee, J. 1. In the order dated January 13, 2025, the case number has been wrongly typed as CRM (NDPS) 3663 of 2024, instead of CRM (DB) 3663 of 2024. Let the correction be incorporated in the order dated January 13, 2025 by the concerned department. 2. Report filed on behalf of the State is taken on record. 3. We had specifically wanted to know how many more witnesses the prosecution proposes to examine, as is recorded in our order dated January 02, 2025. The report is silent on that score. Therefore, we proceed on the basis that all 28 charge sheet named witnesses are intended to be examined by the prosecution. Till date, four witnesses have been Signed By : DEBAJYOTI DAS High Court of Calcutta 17 th of January 2025 01:27:36 PM 2 examined. Hence, there is no likelihood of an early conclusion of the trial. 4. The petitioner is in custody for few days short of three years. He cannot be kept in indefinite incarceration. The progress in the trial has been most unsatisfactory. It is anybody’s guess when the trial would conclude. We also notice that a report dated January 13, 2025, signed by the Additional Officer-in-Charge of Narkeldanga Police Station, is on record, which indicates that the petitioner’s mother is seriously ill. 5. Without touching the merits of the case and solely on the touchstone of Article 21 of the Constitution of India, we feel constrained to enlarge the petitioner on bail. 6. Accordingly, we direct that the petitioner, namely, Dipak Ray @ Deepak Ray, shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of learned Additional Chief Judicial Magistrate, Sealdah. The petitioner shall appear before the learned trial Court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. The petitioner shall remain within the jurisdiction of local police station except for the purpose of attending the court proceedings and shall appear before the Officer-in-Charge/Inspector-in-Charge of the said police station once in every week, until further orders. 7. In the event the petitioner fails to adhere to any of the conditions stipulated above without any justifiable cause, the learned trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this Court. Signed By : DEBAJYOTI DAS High Court of Calcutta 17 th of January 2025 01:27:36 PM 3 8. The application for bail is, thus, allowed. 9. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. 10. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. (Arijit Banerjee, J.) (Apurba Sinha Ray, J.) Signed By : DEBAJYOTI DAS High Court of Calcutta 17 th of January 2025 01:27:36 PM